The Board has ordered a remand to address the Veteran's knee disabilities, specifically recurrent subluxation and lateral instability. The case is returned for further review.
The deciding factor: The remand was ordered due to the need for clarification on whether the Veteran has recurrent subluxation and/or lateral instability of either or both knees.
- Claimed conditions
- chronic synovitis, patellar chondromalacia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 20, 2012
- Citation
- 1225333
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1225333.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's appeal for increased ratings for left knee disability and limited extension was denied. The left knee disability was rated at 10 percent from June 5, 2008 to May 31, 2017, based on painful arthritis with flexion limited no worse than 95 degrees. For the initial rating period of July 1, 2010 to May 31, 2017, left knee extension was rated at 0 percent due to limitation of motion not reaching a compensable degree.
- Remanded (sent back)
The Board has identified a pre-decisional duty to assist error in the February 2019 rating decision and has remanded both issues of entitlement to an initial disability rating for left knee osteoarthritis and patellar chondromalacia, and entitlement to SMC based on aid and attendance.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining VA treatment records and scheduling additional VA examinations to assess the severity of the Veteran's service-connected left knee, left shoulder, and right shoulder disabilities.
- Granted
The Board has restored the Veteran's disability rating for his left knee condition from 40 percent to 40 percent effective November 1, 2019, as the evidence did not show sustained improvement in his condition that would warrant a lower rating.
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